- 45 - benefits while the former give rise only to long-term benefits. The experience of our predecessor, the Board of Tax Appeals, and other courts in an earlier era lead us to doubt the sharpness of that distinction.10 Moreover, no case distinguishes between advertising execution and campaign expenditures, and the long- term, short-term distinction respondent would draw is incompatible with section 1.162-1(a) and 20(a)(2), Income Tax Regs., and Rev. Rul. 92-80, 1992-2 C.B. 57. Respondent’s distinction will not hold; the litigated expenses are advertising expenditures that are ordinary business expenses. Because we have concluded that the litigated expenses are ordinary business expenses on the grounds stated, we need not address petitioner’s alternative theories that the litigated expenses are recurring expenses or are deductible under section 174. 10 See, e.g., Northwestern Yeast Co. v. Commissioner, 5 B.T.A. 232, 237 (1926), discussed supra sec. I.C.3., and quoted in part as follows: Generally and theoretically, therefore, it is safe to say that some part of the cost of a campaign or system of promotion may be of permanent significance and may be regarded as a capital investment rather than a deductible expense. But how far in a given case the recognition of this doctrine may require the capitalization of some expenditures and the charging off of others is hard to say. Clearly, when the question is submitted for judicial consideration, it may not be answered ab inconvenienti by an arbitrary rule.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011